The Supreme Court isn’t a friend of workers. So a recent ruling that retirees can sue employers who help investment firms rip them off with high fees and poor performance is a rare and crucial win.
By Matthew Cunningham-Cook, Jacobin
A unanimous Supreme Court ruling Monday in Hughes v. Northwestern University ensures that Americans will still be able to sue employers and Wall Street banks that bleed dry their retirement accounts — a landmark precedent in protecting the $7.3 trillion Americans hold in 401(k) accounts.
The 8-0 ruling, written by Sonia Sotomayor, found that 401(k) plan participants could continue to take legal action against employers for including high-fee, high-risk investments in their 401(k) lineup, even if they also included lower-fee, lower risk options.

The decision could be a blow against powerful private equity industry titans, who for years have been aiming to convince 401(k) plans to include their high-fee, high-risk offerings. Blackstone Group CEO Stephen Schwarzman has said accessing retirees’ 401(k) accounts was “one of our dreams.”
With 3.5 million American seniors being unable to afford the cost of prescription drugs, and 5.2 million elders who are food insecure, the new ruling could trigger additional litigation that forces improved governance in 401(k)s — potentially saving Americans hundreds of billions of dollars in collective fees.
“It’s going to affect massive numbers of people,” said Jerry Schlichter, the St Louis-based attorney who brought the Hughes case before the court. “Because the 401(k) is America’s retirement system now.”
Currently, the median 401(k) balance for Americans sixty-five and older is just $64,548. That amount could be as much as 40 percent higher, if it wasn’t for fees paid to Wall Street.
Recent Posts
Politicians Should Stop Hiding Behind the “Two-State Solution” Fantasy
July 16, 2026
Take Action Now Claiming to know what’s best for Palestinians is built into a colonial mindset that has propelled intervention in the region for more…
Nebraska Wants Data Centers to Come Clean About Water Usage
July 15, 2026
Take Action Now The industry can be a black box of information. But as the state deals with persistent drought, residents and regulators want more…
Johnson Says Pentagon Needs More Money for ‘Fighting Communism on our own Shores’
July 15, 2026
Take Action Now Trump has threatened to deploy the military against the “enemy within” and has recently promoted the idea that “democratic socialism…
Trump Says Iran War Has Restarted, Potentially Resetting War Powers Clock
July 14, 2026
Take Action Now Democrats have said they may sue the president if he doesn’t adhere to previous War Powers votes.By Chris Walker, Truthout…




